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. even though he has not been read his miranda rights because the government invoked a public safety exception which permits law enforcement to engage in a limited and focused interrogation. joining me now for more on these developments is kent schafer, criminal defense attorney with buyers, schafer and deboard. god to s good to see you, sir. >> thank you. good afternoon. >> what's your take on this? why charge him with a weapons of mass destruction charge and not murder or conspiracy? >> well, actually, it's a much easier charge for the government to prove. in this case, they have to prove two things. that he used or possessed a weapon of mass destruction and that it resulted in somebody's death. by doing that, he'd be eligible for the federal death penalty. where under massachusetts state law, if they charged murder, he wouldn't be eligible for the death penalty. so virtually, you know, from a prosecutor's standpoint, it cuts out all the fluff. it's a very simple case. there's case law on top of case law saying that a bomb like this is defined as a weapon of mass destruction. so it
. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university of massachusetts were stushed to learn they -- were stunned to learn they knew one of the bombers. >> he's like, yeah, tragedies happen. >> they say he was on campus and say they were shocked when they saw his picture on tv after the explosion. coply square will remain closed for at least two more days. fbi agents scour the scene for evidence and debris from the bombing is cleared. officials say the square will not reopen until the fbi investigation is complete. >>> :7:-- 7:03. the as are in oakland getting ready to begin a series with the boston red sox. some plan to meet with air aaron -- with aaron hearn, the victim in the shootin
but say they were not in contact with overseas terror groups. he was read his miranda rights during an initial court appearance from the hospital that gives the suspect access to a lawyer. and means he will not be tried as an enemy combatant. described as a possible gun shot wound to the hand, the 19-year-old has been described as cooperative during questioning, forced to write his answers or nod yes or no. he told investigators that he and his brother came up with the attacks on their own finding internet resources to learn how to make bombs. he's been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's dorm room turned up a black jacket and white hat, similar to the surveillance photos. investigators also want to question tsarnaev's wife. she later converted to islam, dropped out of college and had a child with him. her attorney has said she had no suspicions that her husband might be plotting an attack. meanwhile, hundreds of people stood in silence at 2:50 p.m. one week after the bombings. president obama marked the moment o
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